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Respondents produce tampered document
The Tampered document
Lawyer to challenge
The case between dismissed overseer of the Ordnance Fortlands Number 38 Neighbourhood Democratic Council, Godfrey Evans, the Regional Six Democratic Council and its Regional Executive Officer, Badase Poonai over Evans’s dismissal is continuing in the Berbice High Court.
After being asked to pay cost of $10,000 by Justice Roxanne George-Wiltshire for failing to respond to an affidavit Berbice High Court, the respondents at the last hearing proceeded to produce a document which appeared to be tampered with.
The document purported to have come from the Minister of Local Government shows a superimposition over the original date. The superimposition shows clearly that the document was dated subsequent to December 6.
It is addressed to the Regional Chairman and supposedly delegates authority to the REO to take whatever actions are necessary against the Overseer.
Evans, of New Street Cumberland Village, East Canje, Berbice through his lawyer Attorney at Law, Murseline Bacchus, moved to the High Court to seek redress after he was dismissed from his job, with immediate effect on December 12, 2010 upon instructions from Regional Chairman Zulfikar Mustapha and later confirmed in a letter signed by Poonai dated
December 7, 2010.
Evans, who has been working with that NDC since 1971 and being the overseer since 1987 was dismissed along with a sluice attendant with immediate effect after a sluice in Cumberland was left open and caused flooding in the area.
In the writ, Evans a father of two, is stating that neither the Regional Democratic Council of Region Six nor any of its officers has the jurisdiction and or power to dismiss or terminate his employment.
He is also stating that his dismissal is illegal and/or unlawful.
He further stated that the purported delegation by the Minister of Local Government of his powers under section 43 of the Local Government act, chapter 28:02 is null and void, illegal, unlawful and ultra vires and that the local Government Minister could not delegate such powers.
He can only be dismissed under section 43 of the Local Government act Section 28:02.
Mr. Bacchus is further claiming on behalf of his client that even if the Minister could have delegated his powers under section 43 of the said act.
His dismissal would still be without jurisdiction, void and unlawful since he could have only been dismissed by the Ordinance Fortlands No38 NDC and then only with the approval with the RDC of Region Six. He is also stating that he was not given an opportunity to be heard.
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